Post-employment victimisation is not unlawful under the Equality Act 2010.
A recent decision in the Employment Appeals Tribunal confirmed that the current drafting of the Equality Act does not protect an individual from an act of victimisation against him done by his former employer after the employment relationship has ended, for instance the deliberate provision of a bad reference in retribution for the former employee having brought an equality claim against the employer.
The apparent error in drafting, leading to this almost certainly unintended consequence, cannot be corrected or remedied by the Courts.
The failure to provide protection against post-termination victimisation under the Act effectively means that the Act fails fully to implement underlying EU equality Directives. An amendment to the Act will be required to remedy this defect. It is not yet known when that might be drafted and implemented.
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